Media & Communications Policy

Media & Communications Policy

Issues & Developments in the Realm of Communications and Media Policy & the First Amendment

The Overblown Backlash Against Peter Thiel for Destroying Gawker

Posted in First Amendment, Free speech, Journalism, Media criticism, New Media, Publishing, Uncategorized

The news that pro wrestler Hulk Hogan’s lawsuit against Gawker has been financed by Silicon Valley billionaire Peter Thiel has sparked many opinions, some of them erroneous, some duplicitous, and some deeply shameful.

Before providing examples of each, a little background.  In 2007, Valleywag, a now-defunct blog site then owned by Gawker Media, outed Thiel, against his express wishes, as a homosexual.  Though he is in fact gay, Thiel was angry about this, and angry too about what he saw, and sees, as Gawker’s bullying journalism in its coverage of Silicon Valley’s tech industry.

For some apparent combination of these reasons, Thiel subsequently offered to covertly pay for Hogan’s legal fees in connection with the wrestler’s invasion of privacy suit against Gawker.  The gravamen of Hogan’s suit is that Gawker published online a secretly taped video of Hogan having sex with the wife of a friend of his.  At trial the jury awarded Hogan $140 million.

So right off the bat a couple of things are clear: Neither Hogan’s lawsuit nor Thiel’s payment of his legal fees are First Amendment issues, despite allegations to that effect in stories published by such as the New York Times>> Read More

Maines is president of The Media Institute.  The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Daily Caller on June 9, 2016.

The Civil War Within Conservative Media

Posted in Journalism, Media criticism, Uncategorized

Though it’s not been well analyzed by mainstream reporters, the so-called conservative media have been split down the middle by the Donald Trump phenomenon.  Outlets like the Drudge Report, Breitbart, and the Washington Times have been in loud and consistent support, while National Review, The Weekly Standard, and Commentary (the last two the leading journals of neoconservatism) have been in full-throated opposition.

Conservative commentators with other media are also divided, with such as George Will, Charles Krauthammer, and Ross Douthat on the anti-Trump side, while Pat Buchanan, Rush Limbaugh, and Michael Goodwin are pro-Trump.

Other right-leaning journals, like The American Spectator and The Daily Caller, also appear to be in Trump’s corner.

Falling somewhere in the middle of all this have been opinion writers like the erudite Victor Davis Hanson and the always-astute Peggy Noonan, both of whom seem likely to part company with those conservatives and neoconservatives who are looking for ways to undermine Trump even if it means the election of likely Democratic nominee Hillary Clinton.

It will be interesting to see how some of the conservative “NeverTrump” commentators handle the blowback in the days and months ahead.  >> Read More

 The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on May 23, 2016.

Netflix, Self Interest, and Net Neutrality

Posted in Broadband, Digital technology, FCC, Media Regulation, Network Neutrality, Uncategorized

The recent announcement by Netflix that it has been reducing the video quality of its programs on mobile networks for years – something the new net neutrality rules prohibit Internet service providers (ISPs) from doing – has sparked a firestorm by opponents of net neutrality regulations.

From the Federal Communications Commission (FCC) and cable and telecom interests have come expressions of outrage that Netflix never acknowledged this practice during the time when regulators were actively considering, and ultimately approving, utility-style regulation of ISPs.

Though Netflix has kept a low profile since acknowledging its throttling, it has averred that it did so to assist some of its customers in remaining under data caps.  FCC Commissioner Michael O’Rielly, though, takes a dim view of that argument, saying in a recent speech that “Netflix has attempted to paint a picture of altruism whereby it virtuously sought to save these consumers from bumping up against or exceeding their data caps.  There is no way to sugarcoat it: The news is deeply disturbing and justly generates calls for government – and maybe even congressional – investigation.” …

The thing that troubles O’Rielly is that this Netflix practice was never revealed in the company’s many filings to the FCC during that agency’s net neutrality proceeding.  >> Read More

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on April 5, 2016.

The Interesting – and Refreshing – Voice of David Stockman

Posted in Journalism, Uncategorized

Perhaps the most interesting opinions these days about things economic and political come from David Stockman, the former Republican congressman from Michigan and head of the Office of Management and Budget (OMB) under President Reagan.

In part, Stockman is the most interesting because he is also the most vitriolic, no mean accomplishment since he competes, in that category, with such as Paul Krugman.  Consider, for instance, the following, all but the last example from just this February:

Regarding a member of the Federal Reserve’s Board of Governors: “Have you ever heard of Lael Brainard? …  In the name of a crude Keynesian economic model that is an insult to even the slow-witted, Brainard and her ilk are conducting a rogue regime of financial repression, manipulation, and unspeakable injustice that will destroy both political democracy and capitalist prosperity as we have known it.”

On central bankers: “There has been an economic coup d’etat in America and most of the world.  We are now ruled by about 200 central bankers, monetary apparatchiks and their minions on Wall Street and other financial centers.”

On Federal Reserve Chair Janet Yellen: “This stupendously naïve old schoolmarm still believes the received Keynesian scriptures as penned by the 1960s-era apostles James (Tobin), John (Galbraith), Paul (Samuelson) and Walter (Heller).”  >> Read More

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on March 7, 2016.

Progressives’ Anti-Merger Mania

Posted in Cable TV, Digital technology, FCC, Media competition, Media Consolidation, Media Regulation, Uncategorized

The proposed merger between the cable systems of Charter Communications, Time Warner Cable, and Bright House Networks has brought out the usual poseurs in opposition.  I speak, of course, of such as Common Cause, Consumers Union, and Public Knowledge (all of which are wrong in their usual and tiresome way, but not certifiable), and their more extreme kin, Media Alliance and Free Press.

As it happens, there exists a bridge between these armies of progressivism in the person of former FCC commissioner Michael Copps.  Since leaving the FCC, Copps has flocked to the aid of those organizations he favored when he was a commissioner.  So it is that the gentleman is now on the board of Free Press and a “special adviser” to Common Cause.

Which, of course, is why it’s important to know the kinds of things he’s saying about the merger.  Writing in Common Dreams (“Breaking News and Views for the Progressive Community”), Copps relieves himself of opinions like these:

This merger would create a new Comcast – a national cable giant with the ability and the incentive to thwart competition, diversity, and consumer choice….  >> Read More

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on Feb. 9, 2016.

Title II Places Global Internet Freedom in Jeopardy

Posted in Broadband, Digital technology, FCC, International Jurisdiction, Media Regulation, Network Neutrality, Uncategorized

By guest blogger ROBERT M. McDOWELL, partner at Wiley Rein LLP in Washington, D.C.  Former FCC commissioner McDowell is chairman of The Media Institute’s Global Internet Freedom Advisory Council.

In February, the Federal Communications Commission reversed decades of bipartisan consensus on America’s foreign policy for the Internet when it adopted new “open Internet” rules.  These sweeping new regulations undermine America’s ability to resist increased government control of the Internet internationally, thus placing global Internet freedom and prosperity in jeopardy.

Proponents of more Internet regulation argued that “the strongest possible” laws were needed to prevent Internet service providers, such as cable and phone companies, from acting in anticompetitive ways and harming consumers by, say, blocking selected Web destinations.  Their solution?  Imposing regulations designed for the Ma Bell phone monopoly on 21st-century technology by declaring the Internet a public utility under Title II of the Communications Act of 1934.  After unprecedented pressure from the White House and net neutrality activists, the FCC abandoned a more moderate approach in favor of Title II classification.

It is important to remember that this represented a stunning reversal of the policies of the Clinton and Bush administrations.  Both presidencies rejected regulating the Internet like a public utility – domestically or internationally – instead adopting a highly successful “hands-off” approach.   The result: The Internet is the greatest global deregulation success story of all time.

Despite the long-held policy against subjecting the Internet to telephone-style regulations, the FCC’s imposition of more than 1,000 new regulations under Title II – including the power to set “rates, terms, and conditions,” will serve to legitimize international efforts to expand government control of the Internet as well.  With America’s bargaining power regarding the issue of Internet freedom weakened as a result, countries like Russia and China may encounter less resistance to increased multilateral authority over the Net.

Furthermore, the FCC’s new rules could have tangible consequences for America’s existing treaty obligations.  For example, defining the Internet as a phone network may trigger expanded jurisdiction over the Web through existing treaties of the International Telecommunication Union, a regulatory arm of the United Nations.  In reaction to similar proposals in 1998, President Clinton’s FCC chairman, William Kennard, presciently said that “classifying Internet access services as telecommunications services could have significant consequences for the global development of the Internet.”

In 2012 at the World Conference on International Telecommunications (WCIT), the United States led a coalition of 55 nations that refused to sign a global treaty that would presume new authority to regulate disparate aspects of the Internet.  Now, however, with more government intrusion into this space at home, maintaining such global coalitions in the future will become increasingly more difficult.

Another potential consequence of the FCC’s rules is an unintended encouragement of intergovernmental rules to impose “sending party pays” fees for international Internet traffic that terminates on networks owned by foreign phone companies.  Such a plan was put forward in 2012 by a handful of European phone companies and ITU member states.  Fortunately, the plan was rejected, as the Unites States and others recognized it would increase costs for consumers as Internet content and app companies would have to pay fees – as a matter of international law – that would be passed on to all Internet users.

Additionally, China continues to advance a proposal to make a special committee of the U.N. General Assembly the dominant body to determine global Internet governance.  Meanwhile, Russia has joined China in sponsoring an “international code of conduct for information security” at the U.N. that would authorize Internet censorship and enshrine multilateral state control of the global network.  These countries have many client states that would support them in a one-country-one-vote treaty adoption.

This week, many of these same countries will be advocating their vision of the Internet’s future at a major international conference at U.N. headquarters in New York.  Global multilateral oversight and regulation of the Internet is their goal.  Included in the written submissions preceding the conference is a proposal by China, and members of the G-77 group of developing countries, calling on member states to reject use of the Internet for “subversive” or “political” purposes.

Also this week, China hosts the Second World Internet Conference.  With government leaders from Russia, Tajikistan, Kyrgyzstan, and Kazakhstan – among others – in attendance, the purported goal of the conference is to promote “an interconnected world shared and governed by all.”  At the conference, China will continue to push for “Internet sovereignty,” a vision for Internet governance that threatens to fundamentally transform the Internet from a truly international information sharing platform, to a compartmentalized series of intranets heavily regulated by governments.

By reversing decades of bipartisan agreement to limit Internet regulation, the FCC has created an irreconcilable contradiction between America’s domestic and foreign policies.  Unfortunately, the cause of an open and freedom-enhancing global Internet will suffer as a result.

The Shrinking Impact of Mainstream Media

Posted in Journalism, Media criticism, Publishing, Uncategorized

Can there be any further doubt that we have now come to a time when the rightward half of the country perceives much of the mainstream media (the broadcast networks, big city newspapers, etc.) to be carriers of Democratic and/or left-leaning news and opinion?

The media deny this, but their denials – indeed, the very idea that the way to address this matter is to deny or contest it – change nothing. The bottom line is that perhaps one half of the potential audience for these media outlets holds negative opinions about them.

This practice confounds most people’s understanding of the marketing of mass products. Were millions of people, for example, to complain to car makers that the standard radios provided don’t work well enough, the manufacturers would endeavor to fix it to the critics’ satisfaction – not, as the media have done, simply deny that anything’s wrong.

So that’s an important difference between car companies and the legacy media, but what explains it, and what does the future hold for such media?

Understand what’s meant by the first of these questions. It’s not what explains why the reporters and editors don’t care that they are perceived as biased.  >> Read More

Campus Protests and Blatant Attacks on Free Speech

Posted in Campus Speech, First Amendment, Free speech, Uncategorized

The blatant attacks on free speech seen recently on college campuses pose a special challenge to Democrats and liberals.  This, because the illiberalism inherent in the conjuring up by campus progressives of things like “trigger warnings,” “microaggressions,” and “safe spaces” is an outgrowth of the identity politics and victim culture that have been promoted by Democrats and liberals generally.

Take, for instance, immigration and our changing racial demographics.  In a demonstration of the most corrosive kind of stereotyping, Democratic strategists like Stanley Greenberg triumphantly wave the “demographics is destiny” meme like a sword.  Whether there is any predictive value in Greenberg’s recent claim that racial minorities are “supporting Hillary Clinton by more than 2 to 1 in today’s polls,” how is it helpful to profile them as bloc voters, politically defined by their ethnicity?

Are not Hispanics, Asians, and African-Americans interested in having for themselves and their families secure middle-class lives?  And if so, might not some, perhaps many of them, come to see the governmental nostrums promoted by Democrats as being inimical to their ambitions?

The demographics-is-destiny meme crosses into the preposterous in the hands of people like the dyed-in-the-wool Democrat Chris Matthews….  >> Read More

                                   

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on Nov. 25, 2015.

Free Speech Week: Time To Celebrate, Time To Reflect

Posted in Campus Speech, First Amendment, Free speech, Journalism, Publishing, Uncategorized

As Free Speech Week gets underway today, it’s a good time to celebrate this fundamental freedom (as the week is intended to do) – but it’s also a good time to reflect on the state of free speech in America today.  Even the most cursory reflection, however, is sure to give one pause.

Freedom of speech remains under assault on many fronts.  And most people, when they think of free speech, think of the First Amendment. But it’s important to draw a distinction here.  The First Amendment only protects speech that is threatened by government control, and thus laws and regulations seeking to limit speech can be subjected to First Amendment challenges in the courts.

Paradoxically, however, the gravest threats to free speech today aren’t coming from government lawmakers and regulators, but from non-government groups and individuals who want to stifle the speech of others.  That type of speech suppression is, in its own way, even more insidious because there is no fail-safe defense against it like the First Amendment.

Media Institute President Patrick Maines has written numerous columns in this space decrying all manner of attempts to suppress free expression.  One of the most onerous threats is the political correctness (or “PC”) movement, whereby the “politically correct” try to stifle the speech of those with whom they disagree.  Nowhere is this more evident than on college campuses, which should be the ultimate marketplaces of ideas.

Examples abound of campus activist groups pushing to “disinvite” guest lecturers or even commencement speakers whose views they dislike – often with the tacit or overt support of university officials.  High-profile incidents at Fordham, Brown, and Brandeis universities have captured media attention, but they were hardly isolated occurrences.  In fact, an organization called the Foundation for Individual Rights in Education (FIRE) exists solely to fight these and other types of PC attacks on campus.

Speech suppression beyond the reach of the First Amendment takes other forms as well.  Activist groups and their “speech police” routinely try to intimidate speakers, especially through social media.  And even some journalists and editors in the mainstream media are prone to political correctness, though here the approach might be more subtle – a story presenting a PC point of view uncritically, or a story about a contrarian viewpoint never written at all.

Free Speech Week, then, offers the chance to celebrate the First Amendment as the protector of our speech (or the vast majority of it) from government interference.  The week also invites us to celebrate free expression in the broader sense.  Yet as we applaud freedom of speech generally, we need to be aware of the threats that continue to render this a fragile freedom.  There is a vocal opposition to these threats out there, including The Media Institute, FIRE, and others – but the voices challenging these threats and supporting truly free speech need to be more widespread.  We can indeed celebrate during Free Speech Week – but we can’t afford to be complacent.

Free Speech Week (FSW) is taking place Oct. 19 to Oct. 25.  You can learn more about how to get involved here: www.freespeechweek.org.

News Corp. CEO Robert Thomson: Telling It Like It Is

Posted in Journalism, Media criticism, Publishing, Uncategorized

It’s not every day that a speech given by a publishing executive is truly noteworthy, but remarks given earlier this month by Robert Thomson, CEO of News Corp., are the exception to the rule.

Speaking on August 13 at Australia’s Lowy Institute for International Policy, Thomson delivered a powerful speech in which he decried, among other things, the business practices of “distribution” companies like Google, the commentariat’s disdain for markets, the theft of intellectual property, and the politically correct mindset of Silicon Valley.

Though now chief executive officer of one of the largest newspaper and publishing companies in the world, Thomson has spent most of his life as a journalist, having earlier in his career been an editor of the Financial Times, The Times newspaper in London, and the Wall Street Journal.  And it’s these experiences that inform his views about the media and more.

Speaking about markets, Thomson had this to say:

When some commentators speak of markets it is in the abstract, slightly pejorative sense – markets are actually an aggregation of collective effort and hope and action….  >> Read More